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HomeMy WebLinkAboutItem 02 - Z01-01 Lakeview Estates0-1G ITEM i ,1$ Ptz# Z - TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER y� H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: FEBRUARY 20, 2001 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z01-01. LAKEVIEW -; ,1 ESTATES r ---I I 1 I I /------------- --I �� ,ti, APPLICANT: Richard Ritz Jr., ASLA ._ Grapevine � Lake 5 I i`--Ve Ra. � > PROPERTY LOCATION AND SIZE: /. A I. H. 1635 Northwest 1 d Tract One is located at the southeast corner of intersection of Midway Drive and Burney Road, on the south side of Laguna Vista Court, Tracts 1, & 1 B, T Abst. 455; Tracts 1C, 1C2 & 1 C 1 A, Abst. 254; and Y 1 Hall -Johnson Sy�� ADP t a Tract Two is surrounded on three sides by Gravel I 1----a I o Circle, Tracts 1137, 1113713, & 1131, Abst. 981. Tract m One contains 20.037 acres and Tract Two contains Glade Rd. o 2.831 acres. Tract One has approximately 39 feet of frontage along Burney Lane, and 627.38 feet of frontage along Laguna Vista Court. Tract Two has approximately 1,217.83 feet of frontage along Gravel Circle. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting to rezone 22.868 acres from "R-20" Single Family Residential District to "R-5.0" Zero Lot Line District for the purpose of developing single family residences on the site. This request, originally heard by the Planning and Zoning Commission and the City Council on December 21, 2000, was denied. The applicant has submitted a revised zoning request that the City Attorney has determined meets the requirements for resubmission prior to one year after the denial of the previous case. The applicant is proposing to place the following deed restrictions on the site: The minimum lot size shall be 7,500 square feet 0:/ZCu/Z01-01.4 1 February 13, 2001 (11:15AM) • The minimum dwelling unit size shall be 1,800 square feet A minimum roof pitch of 7/12 on all homes • Open fencing shall be required from the side of the home to the lot line • All requirements of the "R-7.5" Single Family District shall be met with the exception of the front yard and rear yard setback requirements. The previous request proposed a density of 4.9 dwelling units/net acre. This request has reduced the site density to four dwelling units/net acre or 3.5 dwelling units/gross acre. The maximum allowed density in the "R-7.5" Single Family District is four dwelling units/gross acre. The Zoning Ordinance requires a minimum of 0.54 acres or 24,300 square feet of open space for a residential development of this size. Approximately 3.15 acres or 137,214 square feet of open space is proposed for this development. PRESENT ZONING AND USE: The property is currently zoned "R-20", Single Family District and is developed with Lakeview Village Mobile Home Park. The subject property was annexed into the City of Grapevine as part of an approximate 300 acre annexation from the City of Southlake and the Corps of Engineers which was approved by Council on November 2, 1993 (Ord. 93-49). This property received the "R-20" Single Family Designation upon annexation. Most of the property is unplatted and vacant with some single-family homes, Lonesome Dove Ranch, and three mobile home parks: Lakeview Village Mobile Home Park, Sandlin Trailer Park, and Kennels Trailer Park. Zone Change Z99-22 and Conditional Use Permit CU00-54 were approved on November 7, 2000, changing the zoning on the property to the east from "R-20", Single Family District to "RA" Recreation/Amusement District and approving a conditional use permit for on - premise consumption of alcoholic beverages (beer, wine and mixed drinks) in conjunction with the operation of an existing recreation/amusement based business (Ranch of Lonesome Dove). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-20", Single Family District and "GU", Governmental Use District — unplatted single family homes and mobile homes, Last Chance Private Sports Club and a vacant storefront and Meadowmere Park. SOUTH: "R-20", Single Family District — platted and unplatted single family 0:/zcu201-01.4 2 February 7, 2001 (10:23AM) homes and a cattle ranch. EAST: "RA", Recreation/Amusement District — Ranch of Lonesome Dove and golf course WEST: "R-20", Single Family District and City of Southlake — unplatted single family homes and mobile homes. The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. The Master Plan designates the western portion of the subject property as Low Density Residential and the eastern portion of the subject property as Recreation/Amusement. The proposed single family residential development does not comply with either the Low - Density Residential designation or the Recreation/Amusement designation. Oay.lqssx�� Burney Lane, Laguna Vista Court and Gravel Circle are not designated on the Thoroughfare Plan. /Cj S 0:/zcu/Z01-01.4 3 February 12, 2001 (5:01 PM) 1. AGENT NAME Richard F. Ritz, Jr. ASLA COMPANY NAME ADDRESS - 5999 Surnmerside Drive, #202, CITY Dallas STATE TX ZIP 75252 pHONE# FAX# 972-380-2609 2� AGENT'S INTEREST |NSUBJECT PROPERTY Owner's Representative ����|V�7\ �._—~.�= - PLANNING 3. PROPERTY OWN ER(S)/APPLICANT'S NAME Four Peaks Development, Inc. David McMahan, Vp ADDRESS - 726 Commerce Street, Suite 109 QTY Southlake STATE TX ZIP 76092 PHONE# FAX# 817-481-4074 4. ADDRESS OFSUBJECT PROPERTY -Burney Road at Midway Road, Grapevine LEGAL DESCRIPTION: J.J. Dwight Survey, Abstract 455; A.B. Cate Survey, Abstract 1983, Leonard Lincoln Sunx*y, Abstract 981 and John Childress Sumey, Abstract A-254. SIZE OFSUBJECT PROPERTY 22,868 ACRES 996,130.08 SQUARE FOOTAGE METES & BOUNDS MUST BEDESCRIBED ON81/2^)<11"SHEET 5. PRESENT ZONING CLASSIFICATION R-20 G. PRESENT USE OFPROPERTY Mobile Home Park 7. REQUESTED ZONING DISTRICT R-5.0, Zero Lot Line District, 8. THE APPLICANT UNDERSTANDS THE MASTER PLAN DESIGNATION AND THE MOST RESTRICTIVE ZONE THAT WOULD ALLOW THE PROPOSED USE |S Q. MINIMUM/MAXIMUM DISTRICT SIZE FOR REQUESTED ZONING 10� DESCRIBE THE PROPOSED USE Single Family Homes (81) lots with two (2) common areas. 17 o:zcu\oppzn+cp 2 5899 vmww.ci.guapevineJxus 11. THE CONCEPT PLAN SUBMISSION SHALL MEET THE REQUIREMENTS OF SECTION 45, CONTENTS OF A CONCEPT PLAN, SECTION 45.C. RECEIVED PLANNING EFFECT OF CONCEPT PLAN ALL SUBSEQUENT SITE PLANS SHALL CONFORM TO THE CONCEPT PLAN SUBMITTED WITH THE ZONING APPLICATION. All Zone Change Requests are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. 1 have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. 12. SIGNATURE TO AUTHORIZE THE FILING OF A FINAL SITE PLAN. APP616406� SIGNATURE OWNER /APPLICANT (PRINT) OWNER /APPLICANT SIGNATURE The State of County of Before meon this day personally appeared Richard F. Ritz, Jr. known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this alla day of A.D. Zoo ,O��ypV@`t. SEAL ;_, KATHLEEN SAWYER * *r'Y Pubt+c, State of TeX34 fA� Camtn ExpUas 0?111l01 zcu\appzn-cp 3 5/99 ----xwww.ci.grapevineAx.us RECEIVED The State of '-iCRS County of (,t r r� PANNING Before me sic., D. a'/ on this day personally appeared David McMahan known to me (or proved to me on the oath of Y, f7%p. or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 77 tr , A.D. -ADO / SEALFC, cr . expires 08.23.2003 "4, � 16, )�6-eZl Notary Signature ACKNOWLEDGEMENT All Zone Change Request are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. l have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Owner /Applicant Date: / 2- 'T., Q1 o:zcu\appzn-cp 4 5/99 www.ci.grapevine.tx.us Four Peaks Development, Inc. January 19, 2001 Mr. Tommy Hardy Director of Development Services City of Grapevine PO Box 95104 Grapevine, Texas 76099 RE: R-5.0 Zoning Request Lakeview Estates Dear Tommy, Please consider this as our formal request for the City of Grapevine to consider the captioned zoning request. We understand that the P&Z denied recommendation at the earlier meeting in November. however, we don't believe the Council ever made a final determination. In addition we have changed our plan that reduces the number of lots from 96 to 81 and increases the average size from slightly over 7,600 sq.ft. to 9,183 sq.ft and a median size of 8,700 sq.ft. We will also be filing for approval of our preliminary plat at the same time which will show that we are meeting the requirements for R-7.5 zoning except for the front and rear set -backs. This is the reason that we need to have R-5.0 zoning In addition we are more than willing to have our deed restrictions completed and submitted as part of the zoning request so that P&Z and Council can review them and make them a part of the platting should they desire to do so. Some of the requirements of our restrictions will be: ■ 1,800 sq.ft. minimum homes ■ 7112 minimum roof pitch • Minimum lot size of 7,500 sq.ft. ■ Compliance with R-7.5 zoning except for front and rear yard setbacks • Open fencing from side of home to lot line We understand that your ordinances preclude this property being reheard for R-5.0 zoning for a one-year period from the November meeting. However, in as much as no final closure was given to the request by Council and the fact that there are very substantial changes in the zoning request it is also our understanding that we might be able to be heard on this in a near time frame. To that end we would respectfully, request that we be put on the agenda for P&Z and Council as soon as possible. Sincerely, David McMahan 726 Commerce St., Ste. 109 • Southlake, TX 76092 • (817) 329-6996 • Fax (817) 481-4074 RECEIVED FER 1 4 2001 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PLANNING LAKEVIEW ESTATES GRAPEVINE, TARRANT COUNTY, TEXAS THIS DECLARATION (herein so called) is made this th day of , 2001, by FOUR PEAKS INVESTORS I, Ltd, a Texas limited partnership (hereinafter referred to as "Declarant") . WITNESSETH: . WHEREAS, Declarant is the owner of the real property referred to in Article II hereof and described on Exhibit "A" attached hereto and made a pari hereof for all purposes, and desire to create thereon a residential community with residential lots, open spaces, landscaping, sprinkler systems, streets, common lighting, fencing, drives, screening walls, and other common improvements for the benefit of the community; and WHEREAS, Declarant desires to provide for, among other matters, the preservation of the values and amenities in said community and for the maintenance of said open spaces, landscaping, sprinkler systems, streets, common lighting, fencing, drives, screening walls, and other common improvements; and, to this end, desires to subject the real property referred to in Article 11, together with such additions as may hereafter be made thereto (as provided in Article 1I) to the covenants, conditions, restrictions, casements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each and every owner of any part thereof; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an owners' association to which would be delegated and assigned the powers of (i) maintaining and administering the common properties and facilities, (ii) adninistering and enforcing the covenants and restrictions contained herein, and (di) collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has caused or will cause a non-profit corporation to be incorporated under the laws of the State of Texas for the purpose of effecting the intents and objectives herein set forth. NOW, THEREFORE, Declarant declares that the real property referred to in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth. ARTICLE I DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration -r (unless the context shall otherwise prohibit) shall have the following meanings: (a) "Architectural Control Committee" shall mean and refer to the architectural control committee described in Article X hereof. (b) "Articles of Incorporation" shall mean and refer to the articles of incorporation of the Association as may be amended from time to time. (c) "Association" shall mean and refer to Lakeview Estates Residential Association, inc., a Texas non-profit corporation, which will have the power, duty and responsibility of maintaining and administering the Common Properties, and collecting and disbursing the assessments and charges hereinafler prescribed, and will have the right to administer and enforce the Covenants and Restrictions. (d) "Board" or "Board of Directors" shall mean and refer to the board of directors of the Association (e) "Bylaws" shall mean and refer to the bylaws of the Association, as may be amended from time to time. RECEIVED FEB i .a MPH (f) "Class A Members" shall have the meaning set forth in Section 3.02 hereof. PLANNING (g) "Class B Members" shall have the meaning set forth in Section 3.02 hereof. (h) "Common Properties" shall mean and refer to (i) those certain streets, drives, street lights, street signs, traffic control devises, parkway areas, landscaped medians, landscaping improvements, plantings, screening walls, fencing, sprinkler systems, and casements, among other amenities, as are more particularly described on Exhibit "B" attached hereto and made a part hereof for all purposes, all of which are intended to be devoted to the common use and enjoyment of the Owners; and (ii) any areas of land, improvements or other property rights within the Properties which are known, described or designated or which shall subsequently become known, described or designated as Common Properties intended for or devoted to the common use and enjoyment of the Owners, together with any and all improvements that arc now or may hereafter be constructed thereon. in certain circumstances, Common Properties may not be owned by the Declarant or the Association in fee, but may, in some instances, be held as an easement, be leased or may simply be areas of land that are not owned or leased by the Declarant or the Association but which are maintained by the Association or the Declarant for the use and benefit of the Owners and the Properties. An example of areas of Compton Properties which may not be owned or leased by the Association or the Declarant but would constitute a portion of the Common Properties would be landscaped areas appurtenant to and within public rights-of- way. The Declarant may hold record title to all or a portion of the Common Properties, consistent with the objectives envisioned herein and subject to the casement rights herein of the Owners to use and enjoy the Common Properties, for an indefinite period of time and at a point in time (deemed appropriate and reasonable by the Declarant) after the Association has been incorporated, record title to those portions of the Common Properties which arc owned by the Declarant in fee, as an casement or otherwise will be transferred from the Declarant to the Association. (i) "Declarant' shall mean and refer to Four Peaks Investors I, Ltd, a Texas limited partnership, and its successors and assigns, if such successors and/or assigns become same by operation of law, or should (i) such successors and/or assigns acquire all or substantially all of the Lots from Four Peaks Investors I, Ltd for the purpose of development, and (ii) any such assignee receives by assigmnent from Four Peaks Investors I, Ltd all or a portion of its rights hereunder as such Declarant, by an instrument expressly assigning such rights of Declarant to such assignee. No person or entity purchasing one or more Lots from Four Peaks Investors I, Ltd. in the ordinary course of business shall be considered as "Declarant. (j )"Lot' shall mean and refer to any plot or tract of land shown upon any recorded subdivision map(s) or plat(s) of the Properties, as amended from time to time, which is designated as a lot thercon and which is or will be improved with a residential dwelling. Some portions of the Common Properties may be platted as a "lot' on the recorded subdivision plat, however, these lots shall be excluded from the concept and definition of lot as used herein. (k) "Member" shall mean and refer to each Owner as provided in Article III hereof. (1) "Owner" shall mean and refer to every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject to this Declaration The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. (in) "Properties" shall mean and refer to the properties subject to this Declaration as described on Exhibit "A" attached hereto, together with such additions as may hereafter be made thereto (as provided in Article II ). ARTICLE H PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO 2.01 Existing Properties. The Properties which arc, and shall be, held, transferred sold, conveyed, and occupied subject to this Declaration arc located in Grapevine, Tarrant County, State of Texas. and arc more particularly described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes. 2.02 Additions to Properties. Additional land(s) may become subject to this Declaration in any of the following manners: (a) The Declarant may add or annex additional real property (whether such real property is owned by Dcclamnt or others) to the scheme of this Declaration by filing of record a Supplementary Declaration of Covenants, Conditions and Restrictions ("Supplementary Declaration ") which shall extend the scheme of the Covenants and Restrictions of thus Declaration to such property; provided, however, that such Supplementary Declaration may RECEIVED FF -P , contain such complementary additions and modifications of the Covenants and Restrictions contained in flus Declaration as may be necessary to reflect the different character, if any, of P LA N N I N G the added properties and as are not materially inconsistent with this Declaration in a manner which adversely affects the concept of this Declaration. (b) In the event any person or entity other than the Declarant desires to add or annex additional residential and/or common areas to the scheme Declaration, such proposed annexation must have the prior written consent and approval of the majority of the outstanding votes within each voting class of the Association. (c) Any additions made pursuant to Paragraphs (a) and (b) of this Section 2.02, when made, shall automatically extend the jurisdiction, functions, duties and membership of the Association to the properties added. (d) The Declarant shall have the right and option [without the joinder, approval or consent of any person(s) or cmity(ics)) to cause the Association to merge or consolidate with any similar association then having jurisdiction over real property located (in whole or in part) within one-half (112) mile of any real property then subject to the jurisdiction of the Association. Upon a merger or consolidation of the Association with another association, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the Covenants and Restrictions established by this Declaration within the Properties together with the covenants and restrictions established upon any other properties as one scheme. (e) Notwithstanding the fact that the Dcclarant may not be a Class A or Class B Member by virtue of its sale, transfer or conveyance of all of its right, title, and interest in the Properties, the Dcclarant shall continue to be entitled to implement and exercise all its rights under and pursuant to this Section 2.02 and all of the subsections hereof. Even though the Dcclarant may not be a Class A or Class B Member prior to an annexation, merger or consolidation permitted by this Section 2.02, subsequent to such annexation, merger or consolidation. the Dcclarant shall be and become a Class B Member with respect to the Lots owned by it within the Properties, as such Properties have been expanded or increased by the annexation, merger or consolidation. The Deciarant's rights as a Class B Member shall be governed by and set forth in this Declaration and the Articles of Incorporation and Bylaws of the Association, as same may be amended or altered by, and in accordance with, the annexation, merger or consolidation. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 3.01 Membership. Every Owner of a Lot shall automatically be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to this Declaration. 3.02 Classes of Membership. The Association shall have two (2) classes of voting membership: CLASS A. Class A Members shall be all Members with the exception of Dcclarant. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any such Lot. CLASS B. Class B Members shall be Dcclarant and any bona fide Owner who is engaged in the process of constructing a residential dwelling on any Lot for sale to consumers. Declarant shall be entitled to six (6) votes for each Lot owned by all Class B Members. Class B Members other than Dcclarant shall be non- voting Members of the Association. The Class B membership shall cease, and each Class B Member shall become a Class A Member, upon the earlier to occur of the following: (i) when the total number of votes outstanding in the Class A membership is eight (8) times greater than the total number of votes outstanding in the Class B membership; or (ii) when Declarant no longer owns record title to any of the Lots; or (iii.) on the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Tarrant County, Texas. Notwithstanding the voting rights within the Association, until the Declarant no longer owns record title to any Lot or the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Tarrant County, Texas, whichever occurs first in time, the Association shall take no action with respect to any matter whatsoever without the prior written consent of the Declarant. Chvners of exempt properties as described in Section 5.11 hereof shall be Members but shall nR EC E I v E D have voting rights. 3.03 Quorum, Notice and Voting Requirements. PLANNING (a) Subject to the provisions of Paragraph (c) of this Section, any action taken at a meeting of the Members shall require the assent of the majority of all of the votes of those who arc voting in person or by proxy, regardless of class, at a meeting duly called, written notice of which shall be given to all Members not less than ten (10) days nor more than fifty (50) days in advance. (b) The quorum required, for any action referred to in Paragraph (a) of this Section shall be as follows: The presence at the initial meeting of Members entitled to cast, or of proxies entitled to cast, a majority of the votes of all Members, regardless of class, shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Bylaws or this Declaration. If the required quorum is not present or represented at the meeting, one additional meeting may be called, subject to the notice requirement herein set forth, and the required quorum at such second meeting shall be one-half (I/2) of the required quorum at the preceding meeting; provided, however, that no such second meeting shall be held more than sixty (60) days following the first meeting. (c) As an alternative to the procedure set forth above, any action referred to in Paragraph (a) of this Section may be taken without a meeting if a consent in writing, approving of the action to be taken, shall be signed by all Members. (d) Except as otherwise specifically set forth in this Declaration, notice, voting and quortun requirements for all actions to be taken by the Association shall be consistent with its Articles of Incorporation and Bylaws, as same may be amended from time to time. (c) During the period of time that the Association is unincorporated, the Declarant shall have the sole right and option to prescribe reasonable procedures for the meetings (if any) of the Members; provided, however, that prior to incorporation, without the written approval of the Declarant, no Member (other than Declarant) shall have a right to vote on any matter, or to call any meetings of the Members of the Association. Except as specifically set forth in this Declaration, notice, voting and quorum requirements for all action to be taken by the Association (as an incorporated entity) shall be consistent with its Articles of Incorporation and Bylaws, as same may be amended from time to time. ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES 4.01 Members' Easements of Enjoyment. Subject to the provisions of Section 4.03 of this Article, every Member and every tenant of every Member, who resides on a Lot, and each individual who resides with either of them, respectively, on such Lot shall have a non-exclusive right and casement of use and enjoyment in and to the Common Properties, and such easement shall be appurtenant to and shall pass with the title of every Lot; provided, however, such casement shall not give such person the right to make alterations, additions or improvements to the Common Properties. 4.02 Title to the Common Properties, The Declarant shall dedicate and convey the fee simple title to the Common Properties to the Association at such point in time deemed reasonable and appropriate by the Declarant. Prior to the date the Common Properties arc conveyed to the Association, the Declarant shall retain the right to sell portions of the Common Properties to Owners if Declarant, in its sole discretion, deems such sale to be for the best interest of the development. 4.03 Extent of Members' Easements. The rights and casements of enjoyment created hereby shall be subject to and limited by the following: (a) The right of the Association to prescribe regulations governing the use, operation and maintenance of the Common Properties. (b) Liens of mortgages placed against all or any portion of the Common Properties with respect to monies borrowed by the Declarant to develop and improve the Common Properties or by the Association to improve or maintain all or any portion of the Common Properties; (c) The right of the Association to enter into and execute contracts with parties (including the Dcclarant or an affiliate of the Declarant) for the purpose of providing maintenance for all or a portion of the Common Properties or providing materials or services consistent with the purposes of the Association; (d) The right of the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure; RECEIVED (c) The right of the Association, as may be provided in its Bylaws, to suspend the voting 1 t ` 0 0 1 rights of any Member and to suspend the right of any individual to use any of the Common FF- Properties for any period during which any assessment against a Lot owned by such individual remains unpaid, and for any period not to exceed sixty (60) days for an infraction PLANNING of its rules and regulations; (f) The right of the Dcclarant or the Association, subject to approval by written consent by the Member(s) having a majority of the outstanding votes of the Members, in the aggregate, regardless of class, to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility company for such purposes and upon such conditions as may be agreed to by such Members; (g) The right of the Declarant or the Association, at any time, to make such reasonable amendments to the plat of the Properties recorded in the Map Records of Tarrant County, Texas (the "Plat"), as it deems advisable, in its sole discretion. All Members are advised that a portion of the Conunon Properties may be located within the platted and dedicated public rights -of way and in connection therewith the public shall have rights of use and enjoyment of Common Properties located within the public rights -of way; and (h) With respect to any and all portions of the Common Properties, Dcclarant, until Dcclarant no longer owns record title to any Lot or the tenth (10th) anniversary of the dale this Declaration was recorded in the Office of the County Clerk of Tarrant County, Texas, whichever is the first to occur, shall have the right and option (without the joinder and consent of any person or entity, save and except any consent, joinder or approval required by the City of Grapevine or any other governmental agency having appropriate jurisdiction over the Common Properties) to: (i) alter, improve, landscape and/or maintain the Common Properties; (ii) rechamtel, realign, dam, bridge, bulwark, culvert and otherwise employ or utilize construction and/or engineering measures and activities of any kind or nature whatsoever upon or within the Common Properties; (iii) zone, rezone, or seek and obtain variances or permits of any kind or nature whatsoever upon or within the Common Properties; (iv) replat or redesign the shape or configuration of the Common Properties; and (v) seek and obtain any and all permits, licenses or exemptions from any and all govenmtental agencies exercising jurisdiction over the Common Properties and/or the uses or activities thereon. ARTICLE V COVENANTS FOR ASSESSMENTS 5.01 Creation of the Lien and Personal Obligation of Assessments. Declarant, for each Lot owned by it, hereby covenants and agrees, and each purchaser of any Lot by acceptance of a deed or other conveyance document creating in such Owner the interest required to be deemed an Owner, whether or not it shall be so expressed in any such deed or other conveyance document, shall be deemed to covenant and agree (and such covenant and agreement shall be deemed to constitute a portion of the consideration and purchase money for the acquisition of the Lot), to pay to the Association (or to an entity or collection agency designated by the Association): (1) annual maintenance assessments or charges (as specified in Section 5.04 hereof, such assessments to be fixed, established and collected from time to time as herein provided; (2) special assessments for capital improvements and other purposes (as specified in Section 5.05 hereof, such assessments to be fixed, established and collected from time to time as hereinafter provided; and (3) individual special assessments levied against one or more Owners to reimburse the Association for extra costs for maintenance and repairs caused by the willful or negligent acts or omissions of such Owner or Owners, his tenants (if applicable), and their respective family, agents, guests and invitees, and not caused by ordinary wear and tear (as specified in Section 5.05 hereof, all of such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual maintenance, special capital, and special individual assessments described in this Section 5.01 (hereinafter, the "Assessment" or the "Assessments", together with interest thereon, attorneys' fees. court costs and other costs of collection thereof, as herein provided, shall be a charge on the land and shall be a continuing lien upon each Lot against which any such Assessment is made. Each such Assessment, together with interest thereon, attorneys' fees, court costs, and other costs of collection thereof shall also be the continuing personal obligation of the Owner of such Lot at the time when the assessment fell due. Further, no Owner may exempt himself from liability for such Assessments or waive or otherwise escape liability for the Assessments by non-use of the Common Properties or abandonment of his Lot. Existing obligations of an Owner to pay assessments and other costs and charges shall not pass to bona fide first lien mortgagees which become Owners by reason of foreclosure proceedings or an action at law subsequent to the date the Assessment was due; provided, however, any such foreclosure proceeding or action at law shall not relieve such new Owner of such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent Assessment. 5.02 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for (i) the purpose of promoting the recreation, comfort, health, safety and welfare of the Members and/or the residents of the Properties; (ii) managing the Common Properties; (iii) RECEIVED enhancing the quality of life in the Properties and the value of the Properties; (iv) improving and maintaining the Couunon Properties, the properties, services, improvements and facilities devoted ; to or directly related to the use and enjoyment of the Common Properties, including, but not limited 1 to, the payment of taxes on the Common Properties and insurance in connection therewith and thee( Ar repair, replacement and additions thereto; (v) paying the cost of labor, equipment (including the NG expense of leasing any equipment) and materials required for, and management and supervision of, the Common Properties; (vi) carrying out the powers and duties of the Board of Directors of the Association as set forth in this Declaration and the Bylaws of the Association; (vii) carrying out the purposes of the Association as stated in its Articles of Incorporation; and (viii) carrying out the powers and duties relating to the Architectural Control Committee, after Declarant has delegated or assigned such powers and duties to the Association 5.03 Improvement and Maintenance of the Common Properties Prior to Conveyance to the Association. Initially, all improvement of the Common Properties shall be the responsibility of the Declarant and shall be undertaken by Declarant at its sole cost and expense with no right to reimbursement from the Association. After the initial improvements to the Compton Properties are substantially completed and until the date of the conveyance of the title to the Common Properties to the Association, the Declarant, on behalf of the Association, shall have the responsibility and duty (but with right of assessment against all Owncrs) of maintaining the Common Properties, including, but not limited to, the payment of taxes on and insurance in connection with the Common Properties and the cost of repairs, replacements and additions thereto, and for paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and management and supervision of the Common Properties. In this regard, and until such time as the Common Properties are conveyed to the Association, all Assessments collected by the Association (less such amount required for the operation of the Association) shall be forthwith paid by the Association to Declarant, to the extent that such Assessments are required by Declarant to maintain the Common Properties as set forth in this Paragraph. The Association may rely upon a certificate executed and delivered by the Declarant with respect to the amount required by Declarant to maintain the Couunon Properties hereunder. 5.04 Annual Maintenance Assessments. (a) The Board of Directors shall determine the amount of the annual maintenance assessments for each year, which assessments may include a reserve fund for working capital and for maintenance, repairs and replacements of the Common Properties. (b) Subject to the provisions of Section 5.04(c) hereof, the rate of annual maintenance assessments may be increased by the Board. The Board may, after consideration of current maintenance, operational and other costs and the future needs of the Association, fu the annual maintenance assessments for any year at a lesser amount than that of the previous year. (c) An increase in the rate of the annual maintenance assessments as authorized by Section 5.04(6) hereof in excess of twenty-five percent (250/.) of the preceding year's annual maintenance assessments must be approved by the Members in accordance with Section 3 03 hereof. (d) When the annual maintenance assessment is computed for Lots, all or a portion of such annual maintenance assessment shalt be payable to the Association by the Member according to the status of the Lot owned by such Member as follows: (i) As to a Lot owned by a Class A Member, the full annual maintenance assessment shall be payable. (ii) As to a Lot owned by a Class B Member, one- quarter (1/4) of the annual maintenance assessment shall be payable. (e) Notwithstanding anything herein contained to the contrary, prior to January 1, 2002, the maximum annual maintenance assessment chargeable against any Lot for which a full assessment is payable shall not exceed $30.00 per month. (f) The Board of Directors may provide that annual maintenance assessments shall be paid monthly, quarter -annually, semi-annually or annually on a calendar year basis. Not later than thirty (30) days prior to the beginning of each fiscal year of the Association, the Board shall (i) estimate the total common expenses to be incurred by the Association for the forthcoming fiscal year, (ii) determine, in a manner consistent with the terms and provisions of this Declaration, the amount of the annual maintenance assessments to be paid by each Member, and (iii) establish the date of commencement of the annual maintenance assessments. Written notice of the annual maintenance assessments to be paid by each Member and the date of commencement thereof shall be sent to every Member, but only to one CI) joint Owner. Each Member shall thereafter pay to the Association his annual maintenance assessment in such mariner as determined by the Board of Directors. (g) The annual maintenance assessments shall include reasonable amounts, as determined by the Members or by the Board, collected as reserves for the future periodic maintenance, repair and/or replacement of all or a portion of the Conmion Properties. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited in a separate bank account to be held in trust for the purposes for which they were collected and are to be segregated from and not commingled with any other funds of the Association. Assessments collected as reserves shalt not be considered to be advance payments of regular annual maintenance assessments. 5.05 Special Capital Assessments and Special Individual Assessments. (a) In addition to the annual maintenance assessments authorized in Section 5.04 hereof, the Board of Directors of the Association may levy in any calendar assessment year a special capital assessment for the purpose of (I) defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of improvements upon the Properties or Common Properties, including the necessary fixtures and personal property related thereto (ii) maintaining portions of the Common Properties and improvements thereon, or (iii) carrying out other purposes of the Association; provided, however, that any such special capital assessment levied by the Association shall have the approval of the Members in accordance with Section 3.03 hereof Any special capital assessment levied by the Association shall be paid by the Members directly to the Association on such date or dates as determined by the Board of Directors. All such amounts collected by the Association may only be used for the purposes set forth in this Section 5.05 and shall be deposited by the Board of Directors in a separate bank account to be held in trust for such purpose. These funds shall not be commingled with any other funds of the Association. RECEIVED PLANNING (b) The Board of Directors of the Association may levy special individual assessments against one or more Owners for (i) reimbursement to the Association of the costs for repairs to the Properties or Common Properties and improvements thereto occasioned by the willful or negligent acts of such Owner or Owners and not ordinary wear and tear, or (ii) for payment of fines, penalties or other charges imposed against an Owner or Owners relative to such Owner's failure to comply with the terms and provisions of this Declaration, the Bylaws of the Association or any rules or regulation promulgated hereunder. Any special individual assessment levied by the Association shall be paid by the Owner or Owners directly to the Association. All amounts collected by the Association as special individual assessments under this Section 5.05 shall belong to and remain with the Association. 5.06 Uniform Rate of Annual Maintenance Assessments and Special Capital Assessments. Both annual maintenance assessments and special capital assessments (excepting therefrom special individual assessments) must be faxed at a uniform rate for all Lots, and be payable as set forth herein. 5.07 Date of Comnnenccment of Assessments; Due Dates; No Offsets. The annual maintenance assessments provided for herein shall commence on the date fixed by the board of Directors of the Association to be the date of commencement and, except as hereinafter provided, shall be payable monthly, quarter -annually, semi-annually or annually, in advance, on the first day of each payment period thereafter, as the case may be and as the Board of Directors shall direct. The first annual maintenance assessment shall be made for the balance of the calendar year in which it is levied. The amount of the annual maintenance assessment which may be levied for the balance remaining, in the first year of assessment shall be an amount which bears the same relationship to the amoral maintenance assessment provided for in Section 5.04 hereof as the remaining number of months in that year bears to twelve; provided, however, that if the date of commencement falls on other than the first day of a month, the annual maintenance assessment for such month shall be prorated by the number of days remaining in the month. The due date or dates, if to be paid in installments, of any special capital assessment or special individual assessment under Section 5.05 hereof shall be fixed in the respective resolution authorizing such assessment. All Assessments shall be payable in the amount specified by the Association and no offsets against such amount shall be permitted for any reason. 5.08 Duties of the Board of Directors with Respect to Assessments. (a) The Board of Directors of the Association shall fix the date of RECEIVED commencement and the amount of the annual maintenance assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall PLANNING be open to inspection by any Owner. (b) Written notice of all assessments shall be delivered or mailed to every Owner subject thereto. Such notice shall be sent to each Owner at the last address provided by each Owner, in writing, to the Association , (c) The omission of the Board of Directors to fix the assessments within the time period set forth above for any year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue until a new assessment is fixed 5.09 Non -Payment of Assessment. (a) Delinquency. Any Assessment, or installment thereof, which is not paid in full when due shall be delinquent on the day following the due date (herein, "delinquency date") as specified in the notice of such Assessment. The Association shall have the right to reject partial payment of an Assessment and demand full payment thereof If any Assessment or pari thereof is not paid within ten (10) days after the delinquency date, the unpaid amount of such Assessment shall bear interest from and after the delinquency date until paid at a rate equal to the lesser of (i) eighteen percent (18%) per annum or (ii) the maximum lawful rate. (b) Lien. The unpaid amount of any Assessment not paid by the delinquency date shall, together with the interest thereon as provided in Section 5.09(a) hereof and the cost of collection thereof, including reasonable attorneys' fees, become a continuing lien and charge on the Lot of the non-paying Owner, which shall bind such Lot in the hands of the Owner, and his heirs, executors, administrators, devisees,. personal representatives, successors and assigns. The lien shall be superior to all other liens and charges against the Lot, except only for tax liens and the lien of any bona fide first mortgage or first deed of trust now or hereafter placed upon such Lot. A subsequent sale or assignment of the Lot shall not relieve the Owner from liability for any Assessment made prior to the date of sale or assignment and thereafter becoming due nor from the lien of any such Assessment. The Board shall have the power to subordinate the lien securing the payment of any Assessment rendered by the Association to any other lien. Such power shall be entirely discretionary with the Board As hereinbefore stated, the personal obligation of the Owner incurred at the time of such Assessment to pay such Assessment shall remain the personal obligation of such Owner and shall 'not pass to such Owner's successors in title unless expressly assumed by them in writing. Licns for unpaid Assessments shall not be affected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may exempt himself from liability for such Assessments or waive or otherwise escape liability for the Assessments by non-use of the Common Properties or abandonment of his lot. To evidence any lien, the Association shall prepare a written notice of lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot covered by such lien Such notice shall be executed by one of the officers of the Association and shall be recorded in the Office of the County Clerk of Tarrant County, Texas. (c) Remedies. The lien securing the payment of the Assessments shall attach to the Lot belonging to such non-paying Owner with the priority set forth in this Section. Subsequent to the recording of a notice of the lien, the Association may institute an action at law against the Owner or Owners personally obligated to pay the Assessment and/or for the foreclosure of the aforesaid lien. In any foreclosure proceeding the Owner shalt be required to pay the costs, expenses and reasonable attorneys' fees incurred by the Association In the event anaction at law is instituted against the Owner or Owners personally obligated to pay the Assessment there shall be added to the amount of any such Assessment: (i) the interest provided in this Section, (ii) the costs of preparing and filing the complaint in such action, (iii) the reasonable attorneys' Pecs incurred in connection with such action, and (iv) any other costs of collection; (d) Notice to Mortgagees. The Association may, and upon the written request of any mortgagee holding a prior lien on any part of the Properties, shall report to said mortgagee any Assessments remaining unpaid for longer than thirty (30) days after the delinquency date of such Assessment. 5.10 Subordination of the Lien to Mortgages. The lien securing the payment of the Assessments shall be subordinate and inferior to the lien of any bona fide first lien mortgage or deed of trust now or hereafter recorded against any Lot; provided, however, that such subordination shall apply only to the Assessments which have become due and payable prior to a sale, whether public or private, of such property pursuant to the terms and conditions of any such mortgage or decd of trust. Such sale shall not relieve the new Owner of such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent assessment 5.11 EXEMPT PROPERTY. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created in Section 5.04 and Section 5.05(a) hereof (a) All properties dedicated and accepted by the local public authority and devoted to public use. (b) All Common Properties. 5.12 Estoppel Information from Board with Respect to Assessments. The Board shall upon demand at any time furnish to any Owner liable for an Assessment, a certificate in writing signed by an officer of the Association, setting forth whether said Assessment has been paid Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid A reasonable charge may be made by the Board of Directors of the Association for the issuance of such certificates. ARTICLE VI GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION 6.01 Powers and Duties. The affairs of the Association shall be conducted by its Board of Directors. Prior to the incorporation of the Association, the Declarant shall select and appoint the Board of Directors, each of whom shall be a Class A or Class B Member, or an officer, employee, representative or agent of a Class A or Class B Member. From and after the effective date of the Association's incorporation, the Board of Directors shall be selected in accordance with the Articles of Incorporation and Bylaws of the Association The Board, for the benefit of the Properties, the Common Properties and the Owners, shall provide and pay for, out of the funds(s) collected by the Association pursuant to Article V above, the following: (a) Care and preservation of the Common Properties and the furnishing and upkeep of any desired personal property for use in the Common Properties. Expenditures for the repair or installation of capital improvements, not included in the annual maintenance budget, may be paid from the reserve fund as specifically provided in Section 6.05 herein. (b) Care and maintenance of the landscaping, screening walls and entry features which may be constructed by Declarant on the Common Properties or on private property. Maintenance includes all repair, rebuilding or cleaning deemed RECEIVED and in the event a judgment is obtained, such judgment shall include interest on the Assessment as provided in this Section and a reasonable attorneys' fee to be f c n i fixed by the court, together with the costs of the action. t11 Each Owner; by acceptance of a deed to a Lot, hereby expressly vests in PLANNING the Association or its agents or trustees the right and power to bring all actions against such Owner personally for the collection of such charges as a debt, and to enforce the aforesaid liens by all methods available for the enforcement of such liens, including non judicial foreclosure pursuant to Section 51.002 of the Texas Property Code, and such Owner hereby expressly grants to the Association the private power of sale in connection with said liens. The Association may also suspend the Association membership and voting rights of any Owner who is in default in payment of any Assessment in accordance with this Declaration and/or the Bylaws. (d) Notice to Mortgagees. The Association may, and upon the written request of any mortgagee holding a prior lien on any part of the Properties, shall report to said mortgagee any Assessments remaining unpaid for longer than thirty (30) days after the delinquency date of such Assessment. 5.10 Subordination of the Lien to Mortgages. The lien securing the payment of the Assessments shall be subordinate and inferior to the lien of any bona fide first lien mortgage or deed of trust now or hereafter recorded against any Lot; provided, however, that such subordination shall apply only to the Assessments which have become due and payable prior to a sale, whether public or private, of such property pursuant to the terms and conditions of any such mortgage or decd of trust. Such sale shall not relieve the new Owner of such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent assessment 5.11 EXEMPT PROPERTY. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created in Section 5.04 and Section 5.05(a) hereof (a) All properties dedicated and accepted by the local public authority and devoted to public use. (b) All Common Properties. 5.12 Estoppel Information from Board with Respect to Assessments. The Board shall upon demand at any time furnish to any Owner liable for an Assessment, a certificate in writing signed by an officer of the Association, setting forth whether said Assessment has been paid Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid A reasonable charge may be made by the Board of Directors of the Association for the issuance of such certificates. ARTICLE VI GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION 6.01 Powers and Duties. The affairs of the Association shall be conducted by its Board of Directors. Prior to the incorporation of the Association, the Declarant shall select and appoint the Board of Directors, each of whom shall be a Class A or Class B Member, or an officer, employee, representative or agent of a Class A or Class B Member. From and after the effective date of the Association's incorporation, the Board of Directors shall be selected in accordance with the Articles of Incorporation and Bylaws of the Association The Board, for the benefit of the Properties, the Common Properties and the Owners, shall provide and pay for, out of the funds(s) collected by the Association pursuant to Article V above, the following: (a) Care and preservation of the Common Properties and the furnishing and upkeep of any desired personal property for use in the Common Properties. Expenditures for the repair or installation of capital improvements, not included in the annual maintenance budget, may be paid from the reserve fund as specifically provided in Section 6.05 herein. (b) Care and maintenance of the landscaping, screening walls and entry features which may be constructed by Declarant on the Common Properties or on private property. Maintenance includes all repair, rebuilding or cleaning deemed necessary by the Board of Directors. RECEIVED (c) Maintenance, should the Board so elect, of exterior grounds, drives, parkways, private 1011) streets and access areas, including care of trees, shrubs and grass, the exact scope of which PLA N N) NG shall be further specified by the Board from time to time. In particular, the Board shall be empowered to contract with persons or entities who shall be responsible for the maintenance of landscaping, trees, shrubs, grass and like improvements which arc located on Lots, except for landscaping and other like improvements which arc located within rear yards or side yards enclosed by solid fence, which shall be maintained by the individual Lot Owner. Maintenance services contracted for by the Board in accordance with this paragraph shalt be paid for out of Association funds. (d) The services of a person or firm to manage and/or provide consultation to the Association or any separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager. (e) Legal and accounting services. (f) A policy or policies of insurance ensuring the Association, its officers and directors against any liability to the public or to the Owners (and/or their invitees or tenants) incident to the operation of the Association, including, without limitation, officers' and directors' liability insurance. (g) Workers' compensation insurance to the extent necessary to comply with any applicable laws. (h) Such fidelity bonds as may be required by the Bylaws or as the Board may determine to be advisable. (i) Any other materials, supplies, insurance or property owned by the Association, furniture, labor, services, maintenance, repairs, alterations, taxes or assessments which the Board is required to obtain or pay for pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or proper for the operation or protection of the Association or for the enforcement of this Declaration. G) To execute all declarations of ownership for tax assessment purposes and to pay all taxes with regard to the Common Properties. (k) To enter into agreements or contracts with insurance companies, taxing authorities and the holders of mortgage liens on one or more Lots with respect to: (i) taxes on the Common Properties and (ii) insurance coverage of the Common Properties, as they relate to the assessment, collection and disbursement process envisioned in this Declaration. (1) To borrow funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners. if the Board sees fit. (m) To enter into contracts, maintain one or more bank accounts, and generally, to have all the powers necessary or incidental to the operation and management of the Association and the Common Properties, expressly including the power to enter into management and maintenance contracts. (n) If, as, and when the Board, in its sole discretion, deems necessary it may take action to protect or defend the Common Properties from loss or damage by suit or otherwise, to sue or defend in any court of law on behalf of the Association and to provide adequate reserves for repairs and replacements. (o) To make reasonable rules and regulations for the operation and use of the Common Properties and to amend them from time to time, provided that any rule or regulation may be amended or repealed by an instrument in writing signed by a majority of the Members, or, with respect to anile applicable to less than all of the Properties, by a majority of the Members in the portions affected. (p) Subsequent to incorporation, to make available to each Owner, within one hundred twenty (120) days after the end of each year, an unaudited annual report. (q) Pursuant to Article VII herein, to adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property; and if proceeds are insufficient to repair damage or replace lost property, to assess the Members in proportionate amounts to cover the deficiency. (r) If, as and when the Board, in its sole discretion, deems necessary, it may take action to enforce the provisions of this Declaration and any rules made hereunder and to enjoin and/or seek damages from any Owner for violation of such provisions or rules. 10 6.02 Board Powers. From and alter the date on which the title to the Common Properties has been conveyed to the Association, the Board shall have the exclusive right to contract for all goods, services and insurance, and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein. 6.03 Maintenance Contracts. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner for the performance by the Association of services which ItitE C E I V E D Board is not otherwise required to perform pursuant to the tennis hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable, and ' -n!!! in the best interest of the Association. PLANNING 6.04 Liability Limitations. No Member, officer of the Association or member of the Board of Directors of the Association shall be personally liable for debts contacted for, or otherwise incurred by the Association, or for a tort of another Member, whether such other Member was acting on behalf of the Association or otherwise. Neither Declarant, the Association, its directors, officers, agents, or employees shall be liable for any incidental or consequential damages for failure to inspect any premises, improvements or portion thereof or for failure to repair or maintain the same. 6.05 Reserve Funds. The Board may establish reserve funds, for such purposes as may be determined by the Board, which may be maintained and accounted for separately from other funds maintained for annual operating expenses and may establish separate, irrevocable trust accounts in order to better demonstrate that the amounts deposited therein are capital contributions and are not net income to the Association. Expenditures from any such fund will be made at the direction of the Board The reserve fund provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of the subdivision. and maintaining the subdivision and improvements therein, all as may be more specifically authorized from time to time by the Board of Directors, ARTICLE VII INSURANCE; REPAIR AND RESTORATION 7.01 Right to Purchase Insurance. The Association shall have the right and option to purchase, carry and maintain in force insurance covering any or all portions of the Common Properties, the improvements thereon and appurtenant thereto, for the interest of the Association and of all Members thereof, in such amounts and with such endorsements and coverage as shall be considered good sound insurance coverage for properties similar in construction, location and use to the subject property. Such insurance may include, but need not be limited to: (a) Insurance against loss or damage by fire and hazards covered by a standard extended coverage endorsement in an amount which shall be equal to the maximum insurable replacement value, excluding foundation and excavation costs as determined annually by the insurance carrier. (b) Public liability and property damage insurance on a broad form basis. (c) Fidelity bond for all directors, officers and employees of the Association having control over the receipt or the disbursement of funds in such penal sums as shall be determined by the Association in accordance with its Bylaws. (d) kers and directors liability insurance. 7.02 Insurance Proceeds. Proceeds of insurance shall be disbursed by the insurance carrier to the Association or contractors designated by the Association as the Board of Directors may direct. The Association shall use the net insurance proceeds to repair and replace any damage or destruction of property, real or ,personal, covered by such insurance. Any balance from the proceeds of insurance paid to the Association, as required in this Article, remaining alicr satisfactory completion of repair and replacement, shall be retained by the Association as part of a general reserve fund for repair and replacement of the Common Properties. 7.03 Insufficient Proceeds. If the insurance proceeds are insufficient to repair or replace any loss or damage, the Association may levy a special assessment as provided for in Article V of this Declaration to cover the deficiency. If the insurance proceeds are insufficient to repair or replace any loss or damage for which an Owner is bound hereunder, such Owner shall, as such Owner's undivided responsibility, pay any excess costs of repair or replacement. 7.04 Mortgagee Protection. There may be attached to all policies of insurance against loss or damage by fire and other hazards, a mortgagee's or lender's loss payable clause; provided, however, that amounts payable tinder such clause to the mortgagee may be paid to the Association to hold for the payment of costs of repair or replacement, subject to the provisions of Section 7.02 hereof. The Association shall be responsible to hold said monies or to collect additional monies if the proceeds are insufficient to pay for the cost of all repairs or replacements and shall ensure that all mechanics', matcriaimcn's and similar liens which may result from said repairs or replacements are satisfied 7.05 Destruction of Improvements on Individual Lots. In the event of destruction pt`q NN (total or partial) to the improvements on any individual Lot due to fire or any other cause each ANG Owner covenants and agrees to clear and remove any and all debris resulting from such damage within two (2) months after the date that the damage occurs and to complete all necessary repairs or reconstruction of the damaged improvements within one (1) year after the date that the damage occurs. ARTICLE VIII USE OF COMMON PROPERTIES The Common Properties may be occupied and used as follows: 8.01 Restricted Actions by Owners. No Owner shall permit anything to be done on or in the Common Properties which would violate any applicable public law or zoning ordinance or which will result in the cancellation of or increase of any insurance carried by the Association. No waste shall be committed in or on the Common Properties. 8.02 Damage to the Common Properties. Each Owner shall be liable to the Association for any damage to the Common Properties caused by the negligence or willful misconduct of the Owner or such Owner's family, guests, pets, tenants or invitees. 8,03 Rules of the Board All Owners and occupants shall abide by any rules and regulations adopted by the Board The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and an Owner determined by judicial action to have violated said ndcs and regulations shall be liable to the Association for all damages and costs, including reasonable attorney's fees, incurred by the Association in connection therewith ARTICLE IX USE OF PROPERTIES AND LOTS; PROTECTIVE COVENANTS The Properties and each Lot situated thereon shall be constructed, developed, reconstructed, repaired, occupied and used as follows: 9.01 Public Use Permitted. Any restrictions contained herein shall not be intended to restrict or prohibit, and shall not restrict or prohibit the State of Texas or any political subdivision thereof, including independent school districts, from using any of the property affected hereby for public purposes, regardless of the nature of said use. 9.02 Residential Purposes, Each Lot, as enumerated in Exhibit "A", (including land and improvements) shall be used and occupied for single family residential purposes only. No Owner or other occupant shall use or occupy such Owner's Lot, or permit the same or any pari thereof to be used or occupied for any purpose other than as a private single family detached residence for the Owner or such Owner's tenant and their families and domestic servants employed on the premises. As used herein the term "single family residential purposes" shall be deemed to prohibit specifically, but without limitation, the use of any Lot for a duplex, duplex apartment, garage apartment, or other apartment use, commercial or professional uses (except as expressly provided in Section 9.22 hereof). 9.03 Minimum Lot Area. No lot shall contain less than 7,500 square feet of area. No Lot shall be resubdividcd; provided, however, that Declarant shall have and reserves the right, at any time, or from time to time, upon the joinder and consent of the appropriate county and/or municipal authorities, and with the joinder and consent of the directly affected Owners, to Erie a replat of the Plat to effect a resubdivision or reconfiguration of any Lots then owned by Declarant, so long as, such replat results in each resubdivided Lot containing not less than the minimum lot size prescribed by the zoning ordinances of the City of Grapevine, Texas. Owners shall not unreasonably withhold or delay their joinder in or consent to the replat or amendments to the Plat. The privilege to replat Lots owned by the Declarant reserved in this Section 9.03 shall be exercisable only by Declarant. 9.04 Minimum Floor Space. All floor areas referenced below are for air-conditioned floor areas, exclusive of porches, garages, patios, terraces or breezeways attached to the main dwelling. Each dwelling constructed on any Lot in the subdivision shall contain a minimum of one thousand eight hundred (1,800) square feet. 9.05 Combining Lots. Any person owning two or more adjoining Lots may consolidate such Lots into a single building location for the purpose of constructing one (1) residential structure thereon (the plans and specifications therefor being approved as set forth in this 12 Declaration) and such other improvements as arc permitted herein; provided, however, any such consolidation must comply with the rules, ordinances and regulations of any governmental authority having jurisdiction over the Properties. In the event of any such consolidation, the RECEIVED consolidated Lots shall be deemed to be a single Lot for purposes of applying the provisions of this . Declaration; provided, however, such Owner shall continue to pay assessments on such Lots as if such Lots had not be consolidated and shall be entitled to one vote for each Lot (determined prior to such consolidation) owned by such Owner. Any such consolidation shall give consideration to PLANNING casements as shown and provided for on the Plat and any required abandormncnt or relocation of any such casements shall require the prior written approval of Declarant as well as the prior written approval of any utility company having the right to the use of such easements. Combining of portions of Lots into a single building site is prohibited. 9.06 Setback Requirements and Building Location. All front, side and rear setbacks must be approved by the Architectural Control Committee, and must meet the requirements of the City of Grapevine and the requirements of the Plat; provided, however, no structure of any kind (either dwelling or accessory structures) shall be nearer than ten feet (10) to any inside line of any Lot. The location of the main residence on each Lot and the facing of the main elevation with respect to the street shall be subject to the written approval of the Architectural Control Committee. No building or structure of any type shall be erected on any Lot nearer to the property lines indicated by the minimum building setback line on the Plat. 9.07 Height. No building or structure on any Lot shall contain more than two (2) stories or exceed, in height, the maximum height allowed by the City of Grapevine, such height to be measured and determined in accordance with the method approved by the City of Grapevine. 9.08 Driveways. Each Lot must be accessible to the adjoining street by a driveway suitable for such purposes and approved in writing as to design, materials and location by the Architectural Control Committee before the residential structure located on such Lot may be occupied or used. 9.09 Access. No driveways or roadways may be constructed on any Lot to provide access to any adjoining Lot except as expressly provided on the Plat, or otherwise approved in writing by the Architectural Control Committee. 9.10 Drainage. Neither the Declarant nor its successors or assigns shall be liable for any loss of, use of, or damage done to, any sluubbery, trees, flowers, improvements, fences; walks, sidewalks, driveways, or buildings of any type or the contents thereof on any Lot caused by any water levels, rising waters, or drainage waters. After the residence to be constructed of a Lot has been substantially completed, the Lot will be graded so that surface water will flow to streets, alloys, drainage casements, or Common Properties, and in conformity with the general drainage plans for the subdivision. No dates shall be constructed nor any other alteration or change be made in the course or flow of any waterway or drainage course. crossing or abutting any Lot, without the prior written consent of the Architectural Control Committee, 9.11 Erosion Control. During the construction of improvements on the Lots and prior to the landscaping of such Lots, measures will be taken to prevent excessive erosion of Lots, causing silt to be deposited in streets and/or alleys and in the storm drainage system. 9.12 Utilities. Each residence situated on a Lot shall be connected to the water and sewer lines as soon as practicable after same are available at the Lot line. No privy, cesspool, or septic tank shall be placed or maintained upon or in any Lot. However, a suitable number of portable toilets as determined by the Architectural Control Committee will be required during building construction. The installation and use of any propane, butane, LP Gas or other gas tank, bottle or cylinder of any type (except portable gas grills), shall require the prior written approval of the Architectural Control Committee, and, if so approved, the Architectural Control Committee may require that such tank, bottle or cylinder be installed underground. Any control boxes, valves, connections, utility risers or refilling or refueling devices shall be completely landscaped with shrubbery so as to obscure their visibility from the streets. 9.13 Construction Requirements. (a) The exterior surface of all residential dwellings shall be constructed of glass, brick, brick veneer, stone, stone veneer, stucco, stucco veneer, cement siding, cement board, or cement plank or other materials approved by the Architectural Control Committee. It is specifically required that the exterior wall area of each residence located within the Properties shall not have less than seventy -Five percent (75 %) brick, brick veneer, stone, or stone veneer, stucco, stucco veneer, cement siding, cement board, or cement plank construction unless alternative material is approved by the Architectural Control Committee. The surface area of windows surrounded completely by brick may be included within the computation of the exterior brick brick veneer, stone, or stone veneer wall area of a residence. No previously used materials shall be permitted on the exterior of the residential structures located within the Properties, without the prior written approval of the Architectural Control Committee. The buildings constructed on the Lots must have a roof of composition roof (color must appear to be weathered wood shingles, black or slate, unless such other color is approved by Ilre Architectural Control Committee), slate or tile, approved by the Architectural Control Committee. The Architectural Control Committee will only approve roofing materials which arc of high grade and quality and which arc consistent with the external design, color and appearance of other improvements within the subdivision. The roof pitch of any structure shall be 8" x 12" minimum. Any deviation of roof pitch must be approved in writing by the Architectural Control Committee. Exterior paint and stain colors shall be subject to the RCE/ V>ED written approval of the Architectural Control Committee. I'( ;.• t (b) Each residential structure shall have installed on the outside wall thereof a service riser rill r conduit, the location and length of such conduit to be subject to the written approval of (IucA`A Architectural Control Committee; provided, however, no such conduit shall be visible from N l �l G public streets, Common Properties or adjoining Lots. (c) No above ground -level swimming pools shall be installed on any Lot. (d) All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot and all interior construction (including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed and operational, all cabinet work, all interior walls, ceilings, and doors shall be completed and covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor covering) shall be completed not later than one (1) year following the commencement of construction. For the purposes hereof, the tern "commencement of construction" shall be deemed to mean the date on which the foundation forms arc sct. (c) No projections of any type shall be placed or permitted to remain above the roof of any residential building with the exception of one or more chimneys and one or more vent stacks without the written permission of the Architectural Control Committee. 9.14 Building Permits. The Building Inspector of the City of Grapevine or other municipal authority, is hereby authorized and empowered to revoke, as the case may be, any and all permits for construction of improvements of any kind or character to be erected on any Lot, if such improvements do not conform to and comply with these Covenants and Restrictions. 9.15 Garages, Sheds, Workshops and Servants Quarters. Each residential dwelling erected on any Lot shalt provide garage space for a minimum of two (2) conventional automobiles. All garage doors shall be closed at all times when not in use. Detached garages, carports, servants quarters, sheds, workshops and storage rooms must be of the same exterior material as the primary residence unless otherwise approved in writing by the Architectural Control Committee. No garage shall ever be changed, altered, reconstructed or otherwise converted for any purpose inconsistent with the garaging of automobiles. Porte cocheres must be approved in writing by the Architectural Control Committee, 9.16 Landscaping. Prior to installation any and all plans for the landscaping of front yards and of side yards not enclosed by solid fencing, including alterations, changes or additions thereto, shall be subject to the written approval of the Architectural Control Committee. Weather permitting, each Lot shall be fully landscaped within sixty (60) days after the occupancy of the residence constructed thereon. Each Lot Owner shall be responsible for maintaining his own landscaping in a healthy condition. 9.17 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot without the prior written approval of the Architectural Control Committee and the design of and materials used in the construction of fences shall be subject to the prior written approval of the Architectural Control Committee. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the minimum building setback line indicated on the Plat, unless otherwise permitted by the Architectural Control Committee and in accordance with the requirements of the City of Grapevine. No fence, wall or hedge shall exceed eight (8) feet in height or be less than six (6) feet in height unless otherwise specifically required by the City of Grapevine or expressly approved by the Architectural Control Committee. No chain link fence or other wire type fence shall be erected on any Lot. All service and sanitation facilities, clothes lines, wood piles, tool sheds and air conditioning equipment must be enclosed within fences, walls and/or landscaping so as not to be visible from the adjoining lots and residential streets. Upon submission of a written request, the Architectural Control Committee may, from time to time, at its sole discretion, permit Owners to construct fences or walls which are in variance with the provisions of this paragraph where, in the opinion of the Architectural Control Committee, the fence or wall is an integral pan of the home. fencing shall be constructed in accordance with the following restrictions based on the location of such fencing (a) Front Yard Fencing. Decorative wrought -iron fencing will be allowed to extend from the perimeter of a dwelling to the side or rear property lines; provided, however, in connection with fencing from the perimeter of a dwelling to the side property lines, such fence shall be set back at least ten feet (10') from the primary perimeter dwelling wall facing the street. All front yard fencing shall be of decorative wrought -iron construction no higher than eight (8) feet. 14 (b) Side and Rear Yard Fencing Fencing between Lots shall be decorative wrought -iron or of wood material, provided that such wood fence is of spruce material or better, has slats which arc installed vertically only (not horizontally or diagonally), is no higher than eight (8) feet, and is not painted or stained on any surface facing a street, Common Properties, or adjoining REGI QED Loi. YEB '' q X0(11 9.18 Trash Receptacles and Collection. Each Lot Owner shall make or cause to be made appropriate arrangements with the City of Grapevine, Texas, for collection and removal of garbage PLA N [vI N, and trash on a regular basis. If the Owner fails to make such provisions, the Association may do so and assess the costs thereof to the Owner. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the City of Grapevine, Texas, and/or the Association, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers which shall be constructed of metal, plastic or masonry materials, with tightly -fitting lids, or other containers approved by the City of Grapevine. Texas, and which shall be maintained in a clean and sanitary condition. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for reasonable time, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which the materials shall either be removed from the Lot or stored in a suitable enclosure on the Lot. No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot. 9.19 Exterior Lighting. No exterior light, including landscape lightning shall be installed or maintained on any Lot without the prior written approval of the Architectural Control Committee. Further, and notwithstanding such prior written approval, upon being given notice by the Architectural Control Committee that any exterior light is objectionable, the Owner of the Lot on which same is located will immediately remove said light or shield the same in such a way that it is no longer objectionable. 9.20 Window Coolers. No window or wall type air -conditioners or water coolers shall be permitted to be used, erected, placed or maintained on or in any residential building on any part of the Properties. 9.21 Antennas Restrictions and Satellite Dishes. No radio or television aerial wires or antennas shall be maintained on the outside of any building nor shall any free standing antennas of any style be permitted. All radio or television aerial wires or antennas must be built within the main structure and must not be visible from outside of such structure. The location of all satellite dishes shall be subject to the prior written approval of the Architectural Control Committee. No satellite dish shall be visible from public streets, Common Properties or adjoining Lots. 9.22 Temporary Structures and Vehicles. No temporary structure of any kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn or any other structure or building other than the residence to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence, house, garage or other structure appurtenant thereto shall be moved upon any Lot from another location, except for a sale, pre -salt or construction trailer, provided, however, that Declarant reserves the exclusive right to erect, place and maintain, and to pcnntit builders to erect, place and maintain such facilities in and upon the Property as in its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residences and constructing other improvements on the Properties. Such facilities may include, but not necessarily be limited to, a temporary office building storage area, signs, portable toilet facilities and sales office. Declarant and builders shall also have the temporary right to use a residence situated on a Lot as a temporary office or model home during the period of and in connection with the construction and sales operations on the Properties, but in no event shall a builder have such right for a period in excess of one (1) year after the date of substantial completion of his last residence on the Properties. Any truck, bus, boat, boat trailer, trailer, mobile home, campmobile, camper or any vehicle other than conventional automobile shall, if brought within the Properties, be stored, placed or parked within the garage of the appropriate Owner and concealed from view from adjoining Lots, Common Properties, or public streets, unless approved in writing by the Architectural Control Committee. 9.23 Parking. On -street parking is restricted to approved deliveries, pick-up or short -tithe guests and invitees and shall be subject to such reasonable rules and regulations as shall be adopted by the Board of Directors. Parking in driveways is permitted; provided, however, no inoperable vehicles, no stored vehicles, or vehicles not utilized on a daily basis shall be permitted to be parked in driveways. 9.24 Signs. No signs or flags shall be displayed to the public view on any Lot without the prior written approval of the Architectural Control Committee, with the following exceptions: (i) Declarant may erect and maintain a sign or signs for the construction, development, operation, promotion and sale of the Lots; (ii) the patriotic and decorative display of flags not exceeding 4'x 6 in size shall be permitted on customary holidays; and (iii) signs of customary dimensions (3'x 4' maximum) advertising said property or portions thereof for sale. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with all sign standards of the City of Grapevine, Texas, as such standards may be applicable to the Properties. I'ECE/VED 9.25 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is prohibited,) u < ,0!, except as necessary in conjunction with landscaping or construction of improvements thereon. pCA NN/NG lin dA.411—llin AI 't 9.26 Drtlhng and Ivwwtg Operattoas. No oil dril g, water g or eve opment operations, or refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any Lot. 9.27 Offensive Activities. No noxious or offensive activity shall be conducted on any Lot nor shall anything be done thereon which is or may become an annoyance or nuisance to the other Owners. No animals, livestock or poultry of any kind shall be raised, bred or kept on any residential Lot, except that dogs, cats or other household pets [not to exceed three (3) adult animals] may be kept, provided that they arc not kept, bred or maintained for commercial purposes. 9.28 Duty of Maintenance. (a) Owners and occupants (including lessees) of any Lot shall, jointly and severally, have the duty and responsibility, at their sole cost and -expense, to keep the Lot so owned or occupied, including buildings, improvements, grounds or drainage casements or other rights-of-way incident thereto, and vacant land, in a well-maintained, safe, clean and attractive condition at all times. Such maintenance includes, but is not limited to, the following: (i) Prompt removal of all litter, trash, refuse and waste (ii) Lawn mowing on a regular basis (iii) Tree and shrub pruning (iv) Watering landscaped areas (v) Keeping exterior lighting and maintenance facilities in working order (vi) Keeping lawn and garden areas alive, free of weeds, and attractive (vii) Keeping parking areas and driveways in good repair (viii) Complying with all government health and police requirements (ix) Repair of exterior damages to improvements (x) Cleaning of landscaped areas lying between street curbs and Lot lines, unless such streets or landscaped areas arc expressly designated to be Common Properties maintained by applicable governmental authorities or the Association (.Xi) Repainting of improvements (b) If, in the opinion of the Association, any such Owner or occupant has failed in any of the foregoing duties or responsibilities, then the Association may give such person written notice of such failure and such person must within ten (10) days after receiving such notice, perform the repairs and maintenance or make arrangements with the Association for making the repairs and maintenance required Should any such person fail to fulfill this duty and responsibility within such period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform such repair and maintenance without any liability for damages for wrongful entry, trespass or othenvise to any person. (c) Notwithstanding the provisions of Section 9.27(b) above, if, at any time, an Owner shall fail to control weeds, grass and/or other unsightly growth, the Association shall have the authority and right to go onto the Lot of such Owner for the purpose of mowing and cleaning said Lot and shall have the authority and right to assess and collect from the Owner of said Lot a sum up to two (2) times the actual cost to the Association for mowing or cleaning said Lot on each respective occasion of such mowing or cleaning. If, at any time, weeds or other unsightly growth on the Lot exceed six inches (6") in height, the Association shall have the right and authority to mow and clean the Lot, as aforesaid. (d) The Owners and occupants (including lessees) of any Lot on which work is performed pursuant to Sections 9.28(b) and (c) above shall, jointly and severally, be liable for the cost of such work [such costs constituting a special individual assessment as specified in Section 5.05(b) hereof] and shall promptly reimburse the Association for such cost. If such Owner or occupant shall fail to reimburse the Association within thirty (30) days after receipt of a statement for such work from the Association, then said indebtedness shall be a debt of all said persons, jointly and severally, and shall constitute a lien against that portion of the Properties on which said work was performed. Such lien. shall have the same attributes as the lien for assessments and special assessments set forth in this Declaration, and the Association shall have the identical powers and rights in all respects, including but not limited to the right of foreclosure. 9.29 Maintenance of Common Properties. The Common Properties (including landscaping comprising portions of the Common Properties) are described, in part, on Exhibit "B" attached hereto. All landscaping and improvements placed or erected on the Properties by Declarant and identified on Exhibit "B" shall be owned and maintained by the Association. ARTICLE X ARCHITECTURALCONTROL COMMITTEE RECEjViE p 10.01 Architectural Control Committee. Until such time as Declarant no longer owns any Lots, rFI-i ( , 0 0 j the Architectural Control Committee, hereinafter called the "Committee", shall be composed of P three (3) or more individuals selected and appointed by the Declarant. At such time as Declarant no MANN/N� longer owns any Lots, the Committee shall be composed of such individuals selected by a vote of the Members taken in accordance with Section 3,03 hereof. The Conuuittee shall use its best efforts to promote and ensure a high level of quality, harmony and conformity throughout the Properties, The Committee shall fmtction as the representative of the Owners for the purposes herein set forth as well as for all other purposes consistent with the creation and preservation of a first-class residential development. A majority of the Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate and appoint a successor. No member of the Committee, nor their designated representative, shall be entitled to any compensation for services performed hereunder nor be liable for claims, causes of action or damages (except where occasioned by gross negligence or arbitrary and capricious conduct) arising out of services performed, actions take, or inactions in connection with any undertaking, responsibility, or activity hereunder or request for action hereunder. At any time, the Declarant may delegate and assign to the Board of Directors, all of the Declarant's power and right to change the membership of the Committee, to withdraw or add powers and duties from or to the Committee, or to restore the powers and duties of the Committee. Such action by the Declarant shall be effective upon recordation of a written instrument properly reflecting same in the Office of the County Clerk of Tarrant County, Texas. 10.02 Architectural Approval. No building, structure, fence, wall or improvement of any kind or nature shall be erected, constructed, placed, altered, changed or modified on any Lot until the plot plan showing the location of such building, structure, paving or improvement, construction plans and specifications thereof and landscaping and grading plans therefor have been submitted to and approved in writing by the Committee as to: (i) location with respect to Lot lines; topography; finished grades elevation; effect of location and use on neighboring Lots and improvements situated thereon; and any drainage arrangement, (ii) conformity and harmony of external design, color, texture, type and appearance of exterior surfaces and landscaping with existing structures and existing landscaping, (iii) quality of workmanship and materials; adequacy of site dimensions; adequacy of structural design; proper facing of main elevation with respect to nearby streets; and (iv) the other standards set forth within this Declaration (and any amendments hereto) or as may be set forth in bulletins promulgated by the Committee. The Committee is authorized to request the submission of samples of proposed construction materials or colors of proposed exterior surfaces. Final plans and specifications shall be submitted in duplicate to the Committee for approval or disapproval. At such time as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans will be marked "Approved" and returned to the Owner. If found not to be in compliance with these Covenants and Restrictions, one set of such plans and specifications shall be returned marked "Disapproved", accompanied by a reasonable statement of items found not to comply with these Covenants and Restrictions. Any modification or change to the approved set of plans and specifications which materially affects items (i) through (iv) of the preceding paragraph must again be submitted to the Committee for its inspection and approval. The Committee's approval or disapproval as required herein shall be in writing. If the Committee or its designated representative fails to approve or disapprove such plans and specifications within thirty (30) days after they have been submitted, then Conunittec approval shall be presumed; provided, however, that nothing in this paragraph shall affect in any way the method for seeking or granting variances, as described in Section 10.03 hereof, nor shall any failure of the Committee to act on a variance request within any particular period of time constitute the granting or approval of any such variance request. The Committee is authorized and empowered to consider and review any and all aspects of dwelling construction, construction of other improvements and location, quality and quantity of landscaping on the Lots, and may disapprove aspects thereof which may, in the reasonable opinion of the Committee, adversely affect the living enjoyment of one or more Owner(s) or the general value of the Properties. As an example, and not by way of limitation, the Committee may impose limits upon the location of window areas of one residential dwelling which would overlook the enclosed patio area of an adjacent residential dwelling. Also, the Committee is permitted to consider technological advances in design and materials and such comparable or alternative techniques, methods or materials may or may not be permitted, in accordance with the reasonable opinion of the Committee. The Committee may, from time to time, publish and promulgate architectural standards bulletins which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration. Such bulletins shall supplement these Covenants and Restrictions and are incorporated herein by reference. The Committee shall have the authority to make final decisions in interpreting the general intent, effect and purpose of these Covenants and Restrictions. 17 10.03 Variances. Upon submission of a written request for same, the Committee may, RECEIVED from time to time, in its sole discretion, permit Owners to construct, erect, or install 1 improvements which are in variance from the architectural standards, the Covenants and Restrictions, or the previously published architectural bulletins which are provided in this Declaration or which may be promulgated in the future. In any case, such variances shall be ' PLA N N t N G basic conformity with and shall blend effectively with the general architectural style and design of the conunmiity; provided, however, in no event shall any such variance reduce required floor area by more than ten percent (10%). No member of the Committee shall be liable to any Owner or other person claiming by, through, or on behalf of any Owner, for any claims, causes of action, or damages arising out of the granting or denial of, or other action or failure to act upon, any variance requested by an Owner or any person acting for or on behalf of any Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests and the grant of a variance to any Owner shall not constitute a waiver of the Committee's right to strictly enforce the Covenants and Restrictions, architectural standards or published architectural bulletins provided hereunder against any other Owner. Each such written request must identify and set forth in detail the specific restriction or standard from which a variance is sought and describe in complete detail the exact nature of the variance sought. Any grant of a variance by the Committee must be in writing and must identify in narrative detail both the standards from which a variance is being sought and the, specific variance being granted. 10.04 Nonconforming and Unproved Improvements. The Association may require any Owner to restore such Owner's improvements to the condition existing prior to the construction thereof (including, without limitation, the demolition and removal of any unproved improvement) if such improvements were commenced or constructed in violation of this Declaration. In addition, the Association may, but has no obligation to do so, cause such restoration, demolition and removal and, levy the amount of the cost thereof as a special individual assessment against the Lot upon which such improvements were commenced or constructed 10.05 No Liability. Neither Declarant, the Association, the Committee, the Board, nor the officers, directors, members, employees and agents of any of them, shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every Owner agrees that he will not bring any action or suit against Declarant, the Association, the Committee, the Boar4:L or the officers, directors, members, employees or agents of any of them, to recover any such damages and hereby releases and quitclaims all claims, demands and causes of action arising out of or in connection with any judgment, negligence or nonfeasance and hereby waives the provisions of any lane which provides that a general release does not extend to claims, demands and causes of action not known at the time the release is given. Plans and specifications are not approved for engineering or structural design or adequacy of materials, and by approving such plans and specifications neither the Committee, the members of the Committee, the Declarant nor the Association assumes liability or responsibility therefor, nor for any defect in any structure constructed from such pians and specifications. ARTICLE XI EASEMENTS 11.01 Ingress and Egress by the Association. The Association shall, at all times, have full rights of ingress and egress over and upon each Lot for the maintenance and repair of each Lot and the Common Properties in accordance with the provisions hereof, and for the carrying out by the Association of its functions, duties and obligations hereunder, provided, that any such entry by the Association upon any Lot shall be nude with as little inconvenience to the Owner as practical, and any damage caused by the Association's entry, other than damages caused by the Owner, shall be repaired by the Association at the expense of the Association. 11.02 General. The rights and duties of the Owners with respect to sanitary sewer, water, electricity, natural gas, telephone and cable television lines and drainage facilities shall be governed by the following: (a) Wherever (i) sanitary sewer or water service connections, (ii) natural gas, electricity, telephone or cable television lines, or (iii) drainage facilities are installed within the Properties, which connections, lines or facilities or any portion thereof lie in or upon Lots owned by any party other than the Owner of a Lot served by said connections, lines or facilities, such Owners of Lots served shall have the right and are hereby granted an easement to the full extent necessary therefore, to enter upon the Lots within or upon which said connections, Iines or facilities or any portion thereof lie to repair, replace and generally maintain said connections, lines or facilities as and when the same may be necessary. (b) Wherever (i) sanitary sewer or water service connections, (ii) natural gas, electricity, telephone or cable television lines, or (iii) drainage facilities arc installed within the Properties, which connections, lines or facilities 18 serve more flu m one Lot, the Owner of each Lot served by said connections, tines RECEIVED or facilities shall be entitled to the full use and enjoyment of such portions of said connections, lines or facilities which service such Owner's Lot. 11.03 Reservation of Easements. Easements over the Lots and Common Properties for the installation and maintenance of electric, telephone, cable television, water, gas and PLA N N 1 N G sanitary sewer lines and drainage facilities are hereby reserved by the Association, together with the right to grant and transfer same. 11.04 Surface Areas of Utility Easements. Easements for installation and maintenance of utilities arc reserved as shown and provided for on the Plat. Underground electric, storm sewer, sanitary sewer, water, natural gas and telephone service shall be available to all Lots in the subdivision. Easements for the underground service may be crossed by driveways, walkways, patios, brick walls and fences, provided the Declarant or builder makes prior arrangements with the utility companies furnishing electric, storm sewer, sanitary sewer, water, natural gas and telephone service and provides and installs any necessary conduit of approved type and size under such driveways, walkways, patios, brick walls or fences prior to construction thereof. Such easements for the underground service shall be kept clear of all other improvements, and neither the grantee nor any utility company using the casements shall be liable for any damage done by either of them or their assigns, their agents, employees or servants, to shrubbery, trees, flowers or other improvements (other than for damages caused in crossing driveways, walkways, patios, brick walls or fences, providing conduit has been installed as outlined above) of the Owner located on the Lot covered by said casements. In addition, the utility easements shall not be used as alleyways. 11.05 Emergency and Service Vehicles. An easement is hereby granted to all police, file protection, ambulance and other emergency vehicles and other service vehicles to enter upon the Common Properties, including but not limited to private streets, in the performance of their duties; and further, an casement is hereby granted to the Association, its officers, directors, agents, employees and management personnel to enter the Common Properties to render any service. 11.06 Universal Easement. The Owner of each Lot (including Declarant so long as Declarant is the Owner of any Lot) is hereby granted an easement not to exceed one (1) foot in width over all adjoining Lots and Common Properties for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be easements for the maintenance of said encroachment, settling or shilling; provided, however, that in no event shall an easement for encroachment be created in favor of an Owncr or Owners if said encroachment occurred due to willful misconduct of said Owner or Owners. ARTICLE XII GENERAL PROVISIONS 12.01 Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable by the Association and/or any Owner, their respective legal representatives, heirs, successors and assigns, for a term of thirty-five (35) years from the date that this Declaration is recorded in the Office of the County Clerk of Tarrant County, Texas, after which time these Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the Members entitled to cast seventy-five percent (75 %) of the votes of the Association, in the aggregate, regardless of class, has been recorded in the Office of the County Clerk of Tarrant County, Texas, agreeing to abolish or terminate these Covenants and Restrictions; provided, however, that no such agreements to abolish shall be effective unless made and recorded one (1) year in advance of the effective date of such abolishment. 12.02 Amendments. Notwithstanding the terms and provisions of Section 12.01 hereof, this Declaration may be amended, modified and/or changed as follows: (a) during the time Declarant is the Owner of any Lot, the Declarant may amend or change this Declaration with the consent of at least fifty-one percent (51 % ) of the outstanding votes of the Association, regardless of class; (b) in all other situations, this Declaration may be amended or changed upon the express written consent of at least seventy percent (70%) of the outstanding votes of the Association who are in attendance at a meeting called and held in accordance with Section 3.03 hereof, regardless of class, or at least seventy percent (70 % ) of the outstanding votes of the Association, regardless of class, whether or not a meeting is called and the Declarant (if Declarant then owns any Lots within the subdivision). Any and all amendments to this Declaration, shall be recorded in the Office of the County Clerk of Tarrant County, Texas. Notwithstanding the prior provisions of this Section 12.02, the Declarant may execute and record amendments to this Declaration without such consent or approval if the amendment is for the purpose of correcting technical or typographical errors or for clarification only. 19 RECEIVED 12.03 Enforcement. Enforcement. of these Covenants and Restrictions shall be by any proceeding at law or inequity against any person or persons violating or attempting to violate them T E R I ? n Q l or to recover damages, or to enforce any lien created by these Covenants and Restrictions; and PLANNING failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 12.04 Severability. Invalidation of any one of these Covenants and Restrictions by judgment or court order shall in no wise affect any other provision of this Declaration or the remainder of these Covenants and Restrictions which shall remain in full force and effect. 12.05 Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. 12.06 Notices to Member/Owner. Any notice required to be given to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly delivered when deposited in the United States mail, postage prepaid, addressed to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing. 12.07 Notices to Mortgagees. If a holder of a mortgage on a Lot shall notify the Association of its address and the identity of the Lot and Owner covered by and granting such mortgage, then such holder(s) shall be entitled to receive, written notification from the Association of any default by the respective Owner in the performance of such Owner's obligations as established by this Declaration. 12.08 Disputes. Matters of dispute or disagreement between Owners with respect to interpretation or application of the provisions of this Declaration or the Bylaws of the Association shall be determined by the Board of Directors, whose determination shall be final and binding upon all Owners. 12.09 Tenniration of and Responsibility of Declarant. If Declarant shall convey all of its right, title and interest in and to the Properties and assign all its rights, benefits and obligations as Declarant hereunder to any partnership, individual or individuals, corporation or corporations, then and in such event Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the Declarant. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of the th day of 2001. FOUR PEAKS INVESTORS I, Ltd, a Texas limited partnership By: FOUR PEAKS DEVELOPMENT, INC. a Texas corporation - General Partner By: Tom M. Matthews, Jr. President THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared TOM M. MATTHEWS, JR, President of FOUR PEAKS DEVELOPMENT, INC., a Teras corporation and the general partner of FOUR PEAKS INVESTORS I, Ltd. , a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this th day of 2002. My Commission Expires: 20 Notary Public, State of Texas (Typed/Printed Name of Notary) RECEIVED F[8l;t7OO1 PLANNING EXHIBIT "A" LEGAL DESCRIPTION TO BE INSERTED HERE 21 EX MIT S RECEIVED COMMON PROPERTIES F E P I " Ml PLANNING DESCRIPTION OF ALL COMMON PROPERTIES TO BE INSERTED HERE 22 TRACT ONE 20.037 ACRES SITUATED in the J.J. Dwight Survey, Abstract No. 455, the A.B. Cate Survey, Abstract No. 1983, the John Chila# ($*tyq; -, Abstract No. 254, and the Leonard Lincoln Survey, Abstract No. 981, all in Tarrant County, Texas, and being a resuvey of a called 15.571 acre tract of land described in a deed to Four Peaks Investors I. Ltd., recorded in Volume 13994, Page 476 and a called 4.464 acre tract of land described in a deed to Four Peaks Investors I. L.P., recorded in Volume 13851, Page 593 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the southeast corner of called 15.571 acre tract; THENCE South 89049'23" West, a distance of 640.82 feet to a 5/8" iron rod set with a red plastic cap stamped "PBSJ, INC" (hereinafter called a 5/8" iron rod set) at the northwest corner of Lot 1, Block 1 of the Galbreath Addition, as recorded in Cabinet A, Slide 3003 of the Plat Records of Tarrant County, Texas, said point being the southwest corner of the said called 15.571 acre tract; THENCE North 00°56'26" East, a distance of 141.27 feet to a 5/8" iron rod set at the most easterly southeast comer of the said called 4.464 acre tract; THENCE North 89019'58" West, a distance of 60.65 feet to a 5/8" iron rod set for comer; THENCE South 00040'02" West, a distance of 41.05 feet to a 5/8" iron rod set for comer; THENCE North 89019'58" West, a distance of 76.37 feet to a 5/8" iron rod set for comer; THENCE South 00°40'02" West, a distance of 181.38 feet to a 1/2" iron rod found in the north line of a tract of land dedicated to the Public, recorded in Volume 3672, Page 101 of the Deed Records of Tarrant County, Texas; THENCE along said north line North 89°3224" West, a distance of 300.31 feet to a 5/8" iron rod set at the southwest comer of the said called 4.464 acre tract and the southeast comer of a tract of land described in a deed to Bobby Wayne Cate and wife Karolyn K. Cate, recorded in Volume 8870, Page 1327 of the Deed Records of Tarrant County, Texas; THENCE North 00022'36" East, a distance of 497.39 feet to a 1/2" iron rod found at the northwest comer of the said called 4.464 acre tract said point also being the northeast comer of a tract of land described in a deed to Rocky D. Smotherman and Michael Cowan, recorded in Volume 2255, Page 422 of the Deed Records of Tarrant County, Texas; THENCE along the north line of the said called 4.464 acre tract North 89°07'20" East, a distance of 441.38 feet to a 1/2" iron rod found at the northeast corner of the said called 4.464 acre tract, same being the southeast comer of Lot 2 of the John Childress No. 254 Addition, recorded in Cabinet A, Slide 912 of the Plat Records of Tarrant County, Texas, same being in the west line of the said called 15.571 acre tract, THENCE North 00°5626" East, a distance of 645.88 feet to a 5/8" iron rod set at the northwest corner of the said called 15.571 acre tract, said point being in the east line of Burney Lane; THENCE South 89°58'31" East, a distance of 627.38 feet to a 5/8" iron rod set at the northeast corner of the said called 15.571 acre tract; THENCE South 00013'23" West, a distance of 1070.54 feet to the POINT OF BEGINNING and containing 20.037 acres of land. TRACT TWO 2.831 ACRES SITUATED in the Leonard Lincoln Survey, Abstract No. 981, in Tarrant County, Texas and being a resurvey of a called 2.835 acre tract of land described in a deed to Four Peaks Investors 1, Ltd. as recorded in Tarrant County Clerk's File No. D199232769 of the Tarrant County Deed Records, and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the southeast comer of Lot 3, Block 1 of Lake Park, an addition to the City of Grapevine, as recorded in Cabinet A, Slide 3688 of the Plat Records of Tarrant County, Texas; THENCE North 00°2334" East, a distance of 141.75 feet to a 5/8" iron rod set with a red plastic cap stamped "PBSJ, INC" (hereinafter called a 5/8" iron rod set) in the south line of a tract of land dedicated to the Public, recorded in Volume 3672, Page 101 )f the Deed Records of Tarrant County, Tw- --'said point being the northeast comer of saic, --W3, Block 1 of Lake Park, and being the northwest corner of the said called 2.835 acre tract; IIIENCE along the north line of the said called 2.835 acre tract South 89°32'24" East, a distance of 509.09 feet to a 5/8" iron rod set it f ` rtheast corner thereof; HENCE South 1304549" West, a distance of 132.70 feet to 5/8" iron rod set for corner, ITiENCE South 62006156" West, a distance of 318.71 feet to a 1/2" iron rod found at the southeast corner of the said called 2.835 acre Mal THENCE North 89044101" West, a distance of 257.33 feet to a 5/8" iron rod set at the southwest comer of the said called 2.835 acre xact, nMNCE North 00°15'36" East, a distance of 139.43 feet to a 5/8" iron rod set for comer in the south line of the said Lot 3, Block 1 of Lake Park Addition; THENCE South 89°40'50" East, a distance of 59.93 feet along the south line of said Lot 3, Block 1 of Lake Park Addition to the POINT OF BEGINNING and containing 2.831 acres of land. SURVEYOR'S CERTIFICATION The undersigned, hereby certifies to the above, that the property hereon shown and herein described represents an on the ground survey on August 29, 2000. 1 , c t-, Robert W. Cummings Registered Professional Laneyor "06' Q PB'` " Inc. 59�. unmerside Drive, Dallas, Texas 75252 (972)380-2605 € DECEIVE ,s � �� � �' s� 4 a >• i;�mn �+ �` i I Elii > `x'' Zig rn ?{ PLANNING ; >; J Nut LnZ Gpi i?•IZmC V��i w ;D t— a9�yg`8.a rq2� Fa�^ tti 2 fF7 ''• Y ���� �7E f Y 3� :o t3� • E �� • �e.. � o • � t C � F., C�C� 21 s..t � � ��� fR s;, i1R i6� F Tz { •� i i+�t � � F � f�s _ :aP € c c r '!• f;i :�� cif # f € �� S F�S � ; � . � .� = M tT�3 _ �4 0 � 3� ji t � � � „ �. : ; r:• �A � e i`� ,C -;fix A 'c � � d `r;jj r ! _ :a £ _ra >9,t, .v i DRi i -A R ?: ;It iE: � !g! � -tc _ :, � x; �T? R�� dt sit f. �-c a •� � � .Es � 3 .t• : his .E. ZF3s .EZf 8£ t:s : s T i- i i i i F• t°= C g $?iz {" s [^ct �? 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'�r"t#� u F � i 1 r iaQ � No ami a S ^.M.E Ixos i LS a I ty $ I o ig 2t E \ \\ itcR9' • t ,a9'tr9 k ,cz'ul t 6C�• i•: • y \\ 2PIPt lYNMUB 3.9L.9COOH -- -' z.9G.00n !C �-,�„g 3,9 \\\\ t y \\ i l��+� np •�� �R¢• 1 1 F� 2` i t R f '� o C Lz0.M.00s y g I2e I I JiltG �� o• �ot ' e l l OyLC r l l fgf• 8 a I 3� i S ` amE ni v d � •� i i �„ ^ I SL'trt F z ifi r fa �. f- 3.K2LOon C y �11� � 2 i i �: P.9tStoor+ RP �►a t t 1 ! 1 !i, i 1 o n . 1AI 3.4c.iL.00X o I I �4 0� �� gE4• �tp" tt b SVXS1 `SMVQ • *ON] `i V S 8 d AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z01-01 ON A TRACT OF LAND OUT OF THE J.J. DWIGHT SURVEY, ABSTRACT NO. 455, THE A.B. CATE SURVEY, ABSTRACT NO. 1983, THE LEONARD LINCOLN SURVEY, ABSTRACT NO. 981 AND THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254 DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air, prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas and helps promote the general health, safety, and welfare of this community. ORD. NO, 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z01-01, Lakeview Estates to rezone the following described property to -wit: being a 22.868 acre tract of land out of the J.J. Dwight Survey, Abstract No. 455, the A.B. Cate Survey, Abstract No. 1983, the Leonard Lincoln Survey, Abstract No. 981 and the John Childress Survey, Abstract No. 254, Tarrant County, Texas, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-20" Single Family District Regulations is hereby changed to "R-5.0" Single Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended, provided that said property shall be governed by the Deed Restrictions in "Exhibit B", attached hereto and made a part hereof. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide , adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. ORD. NO. 3 Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of February, 2001. ATTEST: ORD. NO. 4 I < t J! ff 65' 65' 65' 65' 6J / I i `-- 70• 70' 70' , , V' iD. VICINITY MAP L /'� ` �O II f - N t N.T.S. �I 16' I L 4"'�5 N a 't g` CASE NAME: R: ZO leW Estates CASE NUMBER: 141 LOCATION: Tr 1 t: l $ Abs1.4551TraI i • / T� t 0 I C.1 C2 & 1 C I A. Abst.trst. 254. and Tracts I B7, I B7B a i B i , Abst 981 I i MAYOR SECRETARY -' BURNE'Y RD. I DATE: PLANNI723 ISO COMMISSION OMMI SVGnND'l.ONtNG COMMIS \ I yy •••�' / SION (♦, \ cttntxMnN 0 I �a5. w�. �b. ♦ .so• � � :' � ~Lot 20'O" Into !✓Xlst. a / , APPROVAL DOES NOTAUTHOI2lZEANY �— �:; .',•i. �,� WORK 9e Esmt. (TyP. ORDINNCONFt.ICI'WITHA:VYC,ODESOR OUTPARCEL 1 ♦6 0h •` X76" ORDINANCES. i ' � / : •. ?• � . DEPARTMENT OFDEVELOPMENTSERVICES sy., C, ;: .�• EXIST. FLOWAGE ♦yo, >o• ' 6y ESMT (Per U S A C ) J ss � EXIS?jING FREES CS 1\ •t0 :o• �: �: 6g o. \I W 61' SO'OR.U.W. 65' 65, 0 t I IIs' 9-0•r .I / � •y � � �•'• , 0 UTPAR.GE'L �•.-._.._... t . • �; % • ss ` se'� ease N 7S, o e �o ,, . , , . • ,� f i c umber. zOIUI 1 1 125, / 1 / y • -� y :' /�o, OPEN SPACE Tr' I R IB, AbSt Abst. 5; Ic O Tracts 1 C, , 1 & ! C i A. 1. A 254; and ��'-' ♦ • •^U / ,®.' -• �T(Y,P.) ( Tr' 1R71B78& IBI,AbSt.98t I + 125'x1 a NOTB; MATCHLINE: REF. SA44. 1 Uf 2 J35" J c ON" /n aeea.danae tu{ih SaeNon t5 -C of the City of Crapevirse Code, iAis sneer 2 of 2 Concept M. - a grapAio rep»aentalion tntendad to be used for ZO 141 Is it rfX.Il.1t:St for vai fo re7,one 22.868 acres from'R-2p` $GALE: !• 50'-0' NORTH may no necessarily orgy,and is subject to change. This co=t pian Single Family Restdeh sMcr to'R•5.0' Zero Lor Line Oistrtct artty depict the projeei at it etutt Jtnatty be deveWped totztttxi on Tracts 1 A I Abstract 455: Tracts t C. 1 CZ & 1 C I n. .. Abstract 254 and Tracts t H7, t B7B & IBI , Abstract 98 I . li %� if%� %� i / 1 V (,��.EP T PLAN rt�nan9.aepvmarep.etnyt:yeq tAMMNE •OtIX6rRULTCn WINa!®®ir ww fart ONNSR / APPLICANT: BNC/NHBR / ACBNT: jJ' jj �/'j% FOUR PEAKS AWA DBVE•LDPA/BNT Jxc. LA E Y I E ! / ,� �A Dat. ' /°v�uard E0, 100f 728 COXAfBRCB STA'BBt; SV/TB r0 P-_ Rmria{ons SOUTHIABB, TZW 76082 (8f7) 3.28-0gg8 6889 SUMMERSIDB DR/PB, SUtT6 202 CONTACT:' MR. DAVID YcMAHAN DALLAS, rXXAS 7s2gz (072) CONTAM- MR. RICHARD F. AfrZ, JR. OS GRAPEVINE, TEXAS sheet Na.: z of 1 Job No.: 620076.00 MATCHLINE: REF. SHT. 2 of 2 Well Area: ' I OUTPARCEL i sVVR.o.w.(TYP-),- � �116' :• 1 25 125' OUTPARCEL Q: 1 . e'o'(TYpd fJiyp s 9•-0• (TYP 1 1 �•a 125' . — - EXISTING TREES t o ° (TYP.) 1 5' •- et-'- _ 125' GRAVEL CIRCL s5' __ 65, 1 i 1 a I 1 / t I ✓�/t fi5' 6 '....-- LIS. GRAVEL CIRCLE —� --t]5' tis' io• TO� c � �! r rr z / -65' rr/ -`.EXIST. FLOWAGE ESMT. (Per U.S.A.0 'r 4W OPEN SPACE (Typ.) Y 'ACREAGE: .FVrndUi511•tol�`/. fi\ OPE-NLSPACE: REQUIRED: 300 S.F. (x) 81 - PROYIDED STREEV 11-0.W.: RESIDE_N: J,i`,l : 22.87 AC. i. Essential public services, including wafer, sewer, drainage *0 D.U. / GROSS AC. 1 1. The current land use designation as contained in the Comprehensive Master Plan Is Low Density Residential 3.5 D.U. / GROSS AC, and solid waste will be provided to each individual lot, in parking shall be devoted to grass, trees, gardens, shrubs or , shrubs gardens, or R-20 SO' x 100' ! 5,000 S.F. R-5.0 \ Mobile Home Park PELOVIDED-MIN1MUM Shigle Family Homes, BKCttNBBR / ACBNT: pgS&f Zero Lot Line District occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall receive RermWa grass hydromulch. 24,300 S.F. / 0.56 AC. 137,214 S.F. / 3.15 AC. 134,375 S.h'. / 3.08 AC. 724,838 S.F. / 16.64 AC. GRAPEVINE LAKE _ DENTON COUNTY '-✓�' _ TARRANT COUNTY VICINITY MAP N.T.S. CASE NAME: Lakeview Estates CASE NUMBER. Zol-01 LOCATION: Tracts i & IS. Abst. 455/TraCTS I C.1 C2 & 1 C i A,Abst 254. and Tracts 1137,1 878 & 1 B I . Abst. SIA i MAYOR v SEC.RGTAKY DATE' PLANNING AND ZONING COMMISSION Cl ]AIRMAN DATE SHEET: OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENTOr, DEVFLOPMENTSERVICES nd i. Essential public services, including wafer, sewer, drainage . G. All areas not devoted to buildings, structures 1 1. The current land use designation as contained in the Comprehensive Master Plan Is Low Density Residential i ZO 1 itF a request for approval to rezone 22.868 acros from 'R•aU' SWW Family Residential District to "R S.tY Zero I..ot Line District, and solid waste will be provided to each individual lot, in parking shall be devoted to grass, trees, gardens, shrubs or , shrubs gardens, or 1 �� B,EQ-MiNIM11M: SO' x 100' ! 5,000 S.F. located on Tracts 1 & i B, Abstract 451. Tracts D C. D CZ & t C 1 A Abstract254andTracts DBI, 1AIB& lA1,Abstraox981. accordance with Cityof Grapevine standards. other suitable landscape malerial. All disturbed areas not PELOVIDED-MIN1MUM 65'x 1 16' J 7,500 S.F. BKCttNBBR / ACBNT: pgS&f 2. Gradin r g Grading re -grading and fill .proposed for the she shall be occupied by trees, shrubs, planting beds, signs or other permitted fixtures shall receive RermWa grass hydromulch. MINIMUM Ft OOR.AHEA: 1,200 S.F. 726 COMMERCE STRBBL SUITS to minimal, and consistent with typical earthwork for a residential subdivision. ,(Kj. jf�� MAXIMUM -COVERAGE: 40% of Tota! Lot Area SOUTiIL NN, TEXAS 76082 (8f7) 929-6996 CONTACT: NR. DAVID IroNANAN 7. This subdivision will be developed to R.S.o 'Zero Lot lane MSXIMUM_IMP.EBYlOUS Sheet No. o i of t 3. Individual lot owners shall be responsible for tree mitigation District" Standards. This Subdivision will NOT include 'Period ]-tomes". AREA: 60% of Total Lot Area NMI on each specific lot. In woordame wteh Section 46-C or the City of Craletvine Code, this Concept Plan to a graphic repreefntation intended to be usod for 4. All common areas, common area landscaping, features and 8. Cxisting topography, free Grover and site features were taken from standard City of Grapevine aerial topography. This B.UEEER..AREA: None Required ilturtmOve purpose$ ontit, and is subject to change. This concept plan may not necenarily depict the prefect a► it $halt finally be devetoped greenbelts shall be deeded to, and maintained by a private Home Owner's Association (H.O.A.) td be established for this - Information has not been fieid-verified by PBS&J. subdivision. 9. The property is currently zoned 'R-20' Single Family District 0• 59, tom, 2DE' S. All dedicated streets shah have a 60'tI' R.O.W. All sheet and Is used for a Mobile Home Park. paving shall be asphail , with concrete curb and +utter, with a b 32' wide section 9' 'd- 1 O. The r requested zoning is'R-5.0' Zero Lot Line District. a wi a par ways on lxlth sides, in accordance with City ofGrapevine standards. 1 1. The current land use designation as contained in the Comprehensive Master Plan Is Low Density Residential i ZO 1 itF a request for approval to rezone 22.868 acros from 'R•aU' SWW Family Residential District to "R S.tY Zero I..ot Line District, NORTH uses. 12. All public utilities shall bcplacedunderground. located on Tracts 1 & i B, Abstract 451. Tracts D C. D CZ & t C 1 A Abstract254andTracts DBI, 1AIB& lA1,Abstraox981. . .� ��� ��� tC CONCEPT xAnettw • tlwo•a.torto. •e•attr•to uNDSCA t,acsnlanW-C0v5TRtC" eeJVV*V a®tr ONVAPAVA ONW-tuntra CwtAA re�nstm teefem •.s0. 0•'NSR / APPLICANT.• FOUR PEAKS DEYELOPAIENT. INC. BKCttNBBR / ACBNT: pgS&f LA g� g 7 y T TA r P V 1 • 1 1 Dale :January 29, 2001 726 COMMERCE STRBBL SUITS to 6899 SUYXBRSIDIr DR", SUITE 202 ,(Kj. jf�� Revtrtons SOUTiIL NN, TEXAS 76082 (8f7) 929-6996 CONTACT: NR. DAVID IroNANAN DALLAS, TEXAS 71268 (972) 300-2606 GRAPEVINE, TEXAS Sheet No. o i of t CONTACT: NR. RICHARD P. &n. JR. Job No.: 620076,00